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1. A special contract
2. Of permanent union
3. Between a man and a woman
4. Entered into in accordance with law
5. For the establishment of conjugal and family


1. Legal capacity of contracting parties
2. Consent freely given in the presence of the solemnizing officer


1. Authority of solemnizing officer
2. Valid marriage license (except in cases where a marriage license is not required), valid only for 120
days from issue in any part of the Philippines
3. Marriage ceremony where the contracting parties appear before the solemnizing officer, with their
personal declaration that they take each other as husband and wife in the presence of not less than
two witnesses of legal age


1. Absence of essential or formal requisites void ab initio

Except: If the marriage is solemnized by unauthorized person, the marriage will still be valid if either
or both contracting parties believed in good faith that the solemnizing officer had legal authority
[Article 35(2)]

2. Defect in any of the essential requisites


3. Irregularity in any of the formal requisites does not affect the validity of the marriage but will
make the party responsible civilly, criminally, or administratively liable


1. Incumbent member of the judiciary within the courts jurisdiction

2. Duly authorized priest, rabbi, imam or the minister of any church or religious sect

3. Ship captain or airplane chief

Can solemnize marriages only in articulo mortis between passengers or crew members while the
ship is at sea or the plane is in flight and also during stopover at ports of call

4. Military commander of a unit to which a captain is assigned

Can solemnize marriage only if it is in articulo mortis between persons within the zone of military
operations whether members of the armed forces or civilians and only in the absence of the chaplain

5. Consul-general, consul or vice-consul

Can solemnize marriage between Filipinos abroad

6. Mayor (Local Government Code of 1991)


1. Marriage in articulo mortis

2. If the residence of either party is so located that there is no means of transportation to enable such
party to appear personally before the civil registrar
3. Marriage solemnized outside the Philippines where no marriage license is required by the country
where it was solemnized
4. Marriage among Muslims or among members of ethnic cultural communities in accordance with
their customs
5. Marriage between persons who have lived together as husband and wife for at least five years and
without any legal impediment to marry each other.
The 5-year period is to be computed on the basis of cohabitation as husband and wife where the
only missing factor is the marriage contract to validate the union. This 5-year period should be the
years immediately before the day of the marriage and it should be a period of cohabitation
characterized by exclusivity
meaning no third party was involved at any time within the 5 years and continuity that is unbroken

1. Man and woman must have been living together as husband and wife for at least five years before
2. The parties must have no legal impediment to marry each other
3. The fact of absence of legal impediment between the parties must be present at the time of
4. The parties must execute an affidavit stating that they have lived together for at least five years
[and are without legal impediment to marry each other]
5. The solemnizing officer must execute a sworn statement that he had ascertained the qualifications
of the parties and that he had found no legal impediment to their marriage


General Rule: Must be solemnized publicly, and not elsewhere, in the:
1. Chambers of the judge or in open court
2. Church, chapel or temple
3. Office of consul-general, consul or viceconsul

1. Marriage at the point of death (articulo mortis)
2. Marriage in remote places
3. Marriage at a house or place designated by the parties in a sworn statement upon their written
request to the solemnizing officer


General Rule: Marriages solemnized outside the Phils. in accordance with the law of the foreign
country shall be valid in the Philippines (lex loci celebrationis)

1. Where either or both parties are below 18 years old
2. Bigamous or polygamous marriage (except Art. 41 on presumptive death of spouse)
3. Mistake in identity
4. Marriages void under Art. 53 contracted following the annulment or declaration of nullity of a
previous marriage but before partition
5. Psychological incapacity
6. Incestuous marriages
7. Marriage void for reasons of public policy

If a Filipino is married to a foreigner and the latter subsequently obtains a valid divorce abroad
capacitating him/her to remarry, the Filipino spouse shall likewise have the capacity to remarry under
the Philippine law. (Art. 26 par. 2)


a.) There is a valid marriage that had been celebrated between Filipino citizen and a foreigner
b.) A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry
The traditional rule: applies when parties at the time of celebration are a Filipino and an alien

Republic v. Orbecido III 472 SCRA 114 (2005)

The intent of Paragraph 2 of Article 26 is to avoid the absurd situation where the Filipino spouse
remains married to the alien spouse who, after obtaining a divorce, is no longer married to the
Filipino spouse. Thus, taking into consideration the legislative intent, Paragraph 2 of Article 26 should
be interpreted to include cases involving parties who, at the time of the celebration of the marriage,
were Filipino citizens but, later on, one of them becomes naturalized as a foreign citizen and obtains a
divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party was a
foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction
absurdity and injustice.

Orbecido and Villanueva were married and had 2 children. Wife went to us and was naturalized as an
American citizen. He later found that his wife obtained a divorce decree and married a foreigner. He
filed a petition for authority to remarry invoking Article 26 of the Family Code, which the court

Petition for authority to marry was treated as Petition for declaratory relief. The determination of
when the spouse who obtained a divorce was a foreigner is at the time of the divorce not at the time
of the celebration of the marriage. The proper remedy for the Filipino spouse need not be annulment
for this
would be long, tedious and not feasible (considering that the marriage appears to have the badges of
validity); it is not also legal separation as this will not sever the marriage tie


For the second paragraph of Article 26 to apply, a spouse who obtained the divorce must not be a
Filipino at the time of the divorce. If the obtaining-spouse is still a Filipino at the time of the divorce,
then the divorce is not recognized in the Philippines. The root cause in psychological incapacity must
still be determined even if there is no requirement that a personal examination of the respondent be
made prior to a declaration of nullity of marriage. Office of the Solicitor General has personality to
appeal a decision in a declaration-of-nullity of marriage case.


A. Void ab initio under Art. 35:
1. Contracted by any party below 18 years old
2. Solemnized by unauthorized solemnizing officer (Except if either or both parties believed in good
faith that the officer had authority)
3. Solemnized without marriage license (Except when license not required)
4. Bigamous or polygamous marriages
Except: Art. 41 marriage contracted by a person whose spouse has been absent for 4 years
(ordinary absence) or 2 years (extraordinary absence), where such person has a well founded belief
that his/her absent spouse is already dead, and after the absent spouse is judicially declared
presumptively dead
5. Mistake in identity
6. Subsequent marriage void under Art. 53
Art. 53 provides that a person whose marriage has been annulled may remarry as long as he
complies with
Art. 52 which requires that after the marriage is annulled the properties of the spouses must be
partitioned and distributed and the presumptive legitimes of the children be distributed.
Furthermore, the judgment of annulment or absolute nullity, the partition and distribution of the
spouses properties, and the delivery of the childrens presumptive legitimes must be recorded in the
appropriate civil registry and registries of property. Failure to comply with these requisites will make
the subsequent marriage void ab initio.

NOTE: The enumeration of void marriages under Art35 is not exclusive

B. Void under Article 36: where one party, who at the time of the celebration of the marriage, was
psychologically incapacitated to comply with the essential marital obligations.

PSYCHOLOGICAL INCAPACITY has no exact definition but is restricted to psychological incapacity to

comply with the essential marital obligations of marriage. It involves a senseless, protracted, and
constant refusal to comply with the essential marital obligations by one or both of the spouses
although he, she, or they are physically capable of performing such obligations (Chi Ming Tsoi v. CA
266 SCRA 234 [1997])

1. Mental disposition
2. Applies to a person who is martiallycontracted to another
3. Marriage entered into with volition
4. Failure to perform or comply with the essential obligations in marriage
5. Failure to perform is chronic
6. Cause is psychological in nature
7. Cause is serious, with juridical antecedence and must be incurable
8. Incapacity results in the failure of the marriage

(Republic v. CA & Molina 268 SCRA 198 [1997])
1. Burden of proof to show the nullity of marriage belongs to plaintiff
2. The root cause of the psychological incapacity must be:

Medically or clinically identified

Alleged in the complaint
Sufficiently proven by experts

Clearly explained in the decision

3. The incapacity must be proven to be existing at the time of the celebration of the marriage.
4. Such incapacity must be shown to be medically or clinically permanent or incurable
5. Such illness must be grave enough to bring about the disability of the party to assume the essential
obligations of marriage
6. Essential marital obligations must be those embraced by Art. 68-71, as well as Art. 220, 221, and
225 of the Family Code.
7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling or decisive, should be given great respect by our courts
8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as
counsel for the state